In this certificate of compliance, the Department of ......(a) Thy RRC shall determine inmate...

i ~

. ~, ~ ~ ~ ~ -

In re:Department of Corrections andRehabilitation

NOTICE OF APPROVAL OF CERTIFICATE OFCOMPLIANCE

Regulatory Action:

Title 15, California Code of Regulations

Adopt sections:Amend sec#ions: 3000, 3054, 3054.1, 3054.2,

3054.3, 3054.4, 3054.5Repeal sections:

Government Code Sections 11349.1 and11349.6(d)

OAS Matter Number: 2016-1117-03

OAL Matter Type: Certificate of Compliance(C)

In this certificate of compliance, the Department of Corrections and Rehabilitation(Department) makes permanent the prior emergency action (OAL File No. 2016-0610-02E)that amended various sections in title 15 of the California Code of Regulations tomodify the procedures for participation in religious, vegetarian, and kosher dietprograms.

OAL approves this regulatory action pursuant to section 11349.6(d) of the GovernmentCode.

Date: January 3, 2017

Senior Attorney

For. Debra M. CornezDirector

Original: Scatt KernanCopy: Sarah Pollock

~.

STATE Of CAUPORNIA--0PfICE OP hDMINiSTRATIVL LAW ~ ~~~ ~ ~ ~ ~S(~,Q I ll$t~UCtI0115 OhNC3TICE PUBLICATION/REGULATIONS S~'$IV~t9SION reverse)STD. A00 (REV.Oi-2013)

OAL FILE NOTICE FILE NUMDER REGULATORY ACTION NUMBER EMERGENCY NUMBER

NUMBERS. Z_2016-0712-05 ~~~~ ~ f~~ ~. ~i ~~

For use by Office of Administrative Law (OAl) only

~ ~ ~'~~d ~ ~ tie

- '-

For use by Secretary of State only

in~the office of Elie Secretary of Stateof the S#ata of Cal'~fr~nnia

j ~~ ~'a,"'1

e

NOTICE L= REGULATIONS

AGENCY WITH RULEMAKING AUTHORITY ~ Y)y' ~~~~ - AGENCY FILE NUMBER Ilan

California Department of Corrections and Rehabilitation 16-0012

A. PUBI.iCAT10N OF NOTICE (Complete for publication in Notice Regis#er)t SU6JECT OF NOTICE TITLES} FIRST SECTION AFFECTCU 2 REQUESTED PUBLICATION DA7E ~-

.~3. NOTICE~TYPE 4. AGENCY CONTACT PERSON Tr_LEPHONE NUMt3FR '.~ FAX NUMBER (Optionaq

Notice re Proposed_,_~ Reguiato Action ~ . ~ Other

QAL USE ACTION ON PROPOSED NOTICE. NOTICE REGISTER NUMBER 1 PUBLIC TION DATE j

A roved as A roved as Disa roved/ *'`{ ry, ~j ~ J ~ ~ 1Pp ~ Pp ~ nP W ~ d ~ t3 ~ ~ "~"o ~ ~',ONLY Submitted Modified Withdrawn ~'• ~ `'-- --- -- --- ___ __.- -' ---i -- -._ _ __ ___

B. SUBMISSIONAF REGULATIONS (Complete when submitting regulations)

ta. SUBJECT OF REGULATION(5) 1b. ALL PREVIOUS RGLATEP OAL REUULATORY ACTION NUMBERS)

Religious Diets 2016-0610-02

2. SPECIFY CRt.IFORNIA CODE OF REGULATIONS TITL[(S! AND S[CTiON(S) Ilncluding title 26, if toxics rela[ed2

SECTION~S)AFFECTED. auoPr ~._ - ---.~ _~------~ _ ..

{List all section numbers}individually. attach A"^E"°

additional sheet if needed.) 3000, 3054, 3054.1, 3054.2, 3054.3, 3054.4, and 3054.5

TITLES) RIPEAL - -. ._.._._.....-~---._ __.__------ --- - -- _.

15

3. TYPE OF FLUNG

Regular Rulemaking (Gov. ~ Certificate of Com Hance: The a enc o~cer named Emer enc Reado t (Gov.Code §11346) X p 9 Y ~ 9 y p ~ Changes Without Reguiacory

below certifies that this agency complied with the Code, §11346.1(h)) Effect tCal. Code Regs., title❑ Resubmittal of disapproved or provisions of Gov. Code §§i 1346.2-11347.3 either t, § 100)

withdrawn nonemeigency before the emergency regulation was adopted orfiling (Gov. Code §§113493, within the time period required by statute. ❑ File &Print ~ Print Only

11349.4)

Emergency (Gov. Code, ~ Resubmittal of disapproved or withdrawn ~ Other (Specify)§11346.1(b)) emergency filing (Gov. Code, §71344.1)

A. All. BFGINNWG AND ENDING DATES OF AYA~lA81LITY OF MODIFIED REGULATIONS AND/ON MATERIAL ADDED TO THE RULEMAKING FILE (Cal. Code Regs. title i, §44 and Gov. Code 4i 13A7.0

5. FPFECTNE DATE OF CHANGES (Gov. Code, ¢§ 11343.4, i 134G.t (dg Cai. Code Hegs., title t, §700) -'---'— ------_--_~_._

❑ Effective January t, Apni t, July 1, or ~j~~ Effective on tiling with §t00 Changes Without EffectiveOctober 1 (Gov. Code §11343.4ia)) I' I Secretary of State ~ Regulatory Effect ~ other iSpecify)

6. CHECK IF THESE REGULATIONS REQUIRE NOTICE TO, Oft REVIEW, CONSULTATION, APPROVAL OR CONCURRENCE OY, ANOTHER AGENCY OR ENTITY

n Department of Finance {Form STO. 399) (SAM §6660) ~ Fair Political Practices Commission ~ State Fire Marshal

lJ

n Other (Specify)u -- — --- ---- --7. CONTACT PERSON - TELEPHONE NUMEiER FAX NUMBER (Oplionai) E-MAIL AppRGSS (Optional)

Sarah Pollock 916.445-23Q8 916 324-6075 Sarah,[email protected]

$~ i certify that the. attached copy of the regulations) is a true and correct copy For use by Office of Administrative Law (OAL) only

of the regulations) identified on this form, that the information specified on this formis true and correct, and that I am the head of the agency taking this action,or a designee of the head. of the agency, and am authorized to make this certification.

SIGNATURE ~F ' ~~P}EY HEAD OR DESIGNEE ~ ..-._ DATE --

l y .fiic~AN6 Ti1'lE OP SIGNATORY

RALPH M. DIAZ, Undersecretary, Operations __.~.<

FINAL TEXT OF ADOPTED REGULATIONS

Title 15, Crime Prevention and Corrections

Division 3, Adult Institutions, Programs, and Parole

Chapter 1. Rules and Regulations of Adult Operations and Programs

Article 1. Behavior

Section 3000. Definitions

Section 3000 is amended to alphabetically merge the definition below with those that existin the regulations.

Chaplain is a staff member, including a ,Native American Spiritual Leader, who providesreligious/spiritual care and counseling to inmates, affords inmates reasonable opportunities topractice the religious/spiritual beliefs of their choice, and organizes, coordinates, and managesvarious religious/spiritual group activities.

Note: Authority cited: Sections 243(f}(4}, 2717.3, 3000.U3, 505 , 50 8.3 and 1170.05, PenalCode; Section 101I5.3(b), Public Contract Code; and Sections 4525(a), 4526 and 14837,Government Code. Reference: Sections 186.22, 243, 314, 530, 532, 600, b46.9, 653m, 832.5,1170.05, 1203,8, 1389, 20$0, 2081.5, 2600, 2601, 2700, 2717.1, 2717.6, 2932.5, 3003.5(x),3020, 3450, 3550, 457Q, 4576, 5009, 5050, 5054, 5068, 7001) et seq. and 11191, Penal Code;Sections 1132.4 and 1132.8, Labor Code; Sections 10106, 10108, 10108.5, 10115, 10115.1,10115.2, 10115.3 and 10127, Public Contract Cade; and Section 99R, Military azld VeteransCode; Section 391, Code of Civil Procedure, Section 297.5, Family Code; Sections $550, $567,12838 and 12838.7, Government Cade; Governor's Prison Overcrowding State c>f E~me~~gencyProclamation dated October 4, 2006; In re Bittc~ker, SS Ca1.A~p. 4th 1004, 64 Cal, Rptr. 2d 679;Section 11007, Health and Safety Code; Madrid v. Cate (U,S,D.C. N.D. Cal. C90-3094 TEN):Sas.smc~n v, Brew» (E.D. Cal. 201 } ~9 F.Supp.3d 1223; ,~itcl~~11 v. C.'ute, USL)C: ED 2;08-CV-Ol 196-TLN-EFI3; and In re Garcia (2012) 202 Ca1.App.4 h 892.

Article 4. Food Services

3054. Religious Diet Program.

Subsection. 3054(x) is unchanged, but shown for reference purposes.

(a) Each institution shall make reasonable efforts, as required by law, to accommodate thoseinmates who have been determined, pursuant to CCR, Title 15, subsection 3054.4(b)(1), to

Fina] Adopted Text -NCR 16-08 10/24/2016

require a religious diet.

Subsection 3054(b) is amended to read:

(b) Each institution shall provide religious awareness training for custody and food service staff,and anyone involved in the Religious Diet Program.

Subsections 3054(c) through 3054(e)(1) are unchanged, but shown for reference purposes.

(c) Within an institution, religious meals shall not be restricted from inmates, based on theirclassification or housing placement. Inmates who are transferred shall have the ability tocontinue participating in their current Religious Diet Program at the receiving institution, barringmedical needs or other extraordinary circumstances.

{d) Medical diets shall take precedence over religious diets,

(e) There shall be at least three .distinct religious. diet options:

(l) Vegetarian,

Subsections 3054(e)(2) and 3054(e)(3) are amended to read;

(2) Kosher.

(3) Religious Meat Alternate.

Note; Authority cited: Section 5058, Penal Code. Reference; Sections 383b, 5009 and 5054,Penal Code.. In re Garcia (2012) 202 ~a1.App.4 n 892

3054.1, Vegetarian Diet Program.

Subsection 3054.1 is amended to read:

Vegetarian meals shall be available at all institutions upon request for inmates wrth any religious,personal, or ethical dietary need. Inmates may seek participation in the Vegetarian Diet Programby submitting to any Chaplain a CDCR Form 3030 (Rev. 04/16), Religious Diet ProgramRequest, which is incorporated by reference. The CDCR Form 3030 shall be approved by anyChaplain. Participating inmates shall be provided with an approved vegetarian proteinalternative(s), often from that same day's scheduled meal.

New subsection 3054.1(a) is adopted to read:

(a) Thy RRC shall determine inmate compliance violations.

Note: Authority cited: Sections 5058, Penal Code. Reference: Sections 383b, 5009 and 5054,Penal Code.

Final Adopted Text —NCR 16-08 10/24/2016 2

Section 3054.2 title heading is amended to read:

3054,2. Kosher Diet Program,

Subsections 3054.2(a) through 3054.2(d) are amended to read:

(a) Kosher meals shall be available at designated institutions for inmates with a religious dietaryneed that cannot be met by another religious. diet option or by the mainline diet. Inmates mayseek participation in the Kosher Diet Program by submitting to any Chaplain a CDCR Form3Q30, Religious Diet Program Request. The Chaplain may approve the Form 3030 request orrefer it to the Religious Review Committee (R.RC) for determination.

(b) .Inmates with unmet kosher dietary needs may, when classification is appropriate, beconsidered far transfer to another institution that can provide the inmate with a kosher diet..

(c) Inmates shall not give away, trade, or sell any portion of a kosher meal. Doing so may resultin a compliance violation of the Religious Diet Program Agreement,

(d) A11 institutions will adhere to standardized departmental Kosher Diet Program menus .andapproved procedures for purchasing, preparing, and serving kosher meals.

Subsection 3054,2(e) is unchanged,. but shown for reference parposes.

(e) Observance of Passover constitutes a single religious event, requiring kosher for. Passoverfoods to be provided during the eight days of observance.

Subsections.3054.2(f~ through 3054.2(g)(2) are amended to read:

(~ Each institution shall arrange for appropriate training for all inmate food service workers,custody, and food service employees involved in the supervising, ordering, preparation, andserving of Kosher Diet Program meals.

(g) The Kosher Diet Program shall be administered in accordance with the provisions of thisArticle.

(1) A Chaplain designated by the RRC shall annually review each institution's processes for theprocurement, storage, and distribution of Kosher Diet Program meals, and shall provide a reportof the review to the Correctional Faod Manager (CFM).

(2) Upon review of the CDCR Form 3030, Religious Diet Program.Request, any Chaplain or theRRC sha11 determine inmate entry into the Kosher Diet Program.

New subsection 3054.2(8)(3) is adopted to read:

(3) Only the RRC may make the determination to deny the CDCR Form 3030, Religious Diet

Final Adopted Text —NCR 16-0$ 10/24/2016 3

Program Request.

New subsection 3054.2(8)(4) is adopted to read:

(4) The RRC shall determine inmate compliance violations.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 383b, 5009 and 5054,Penal Code. In re Garcia (2012) 202 Ca1.App.4 h 892.

3Q54.3. Religious Meat Alternate Program.

Subsection 3054.3(a) is amended to read:

(a) A Religious Meat Alternate Program (offering meat that has been certified as halal} shall beavailable at all institutions. Inmates. with a religious dietary need may seek participation in theReligious Meat Alternate Program by submitting to any Chaplain a CDCR Form 3030(Rev. 04/16}, Religious Diet Program Request. The Chaplain may approve this request or referthe request to the RRC for determination.

Subsection 3054.3(b) is unchanged, but shown for reference purposes.

(b) All institutions will adhere to standardized departmental halal meat alternates, and approvedprocedures for procuring and serving halal meats.

Subsections 3054.3(c) through 3054.3(d)(2) are amended to read:

(c) Each institution shall arrange for appropriate training for all inmate food service workers,custody, and. food service employees involved in the supervising, ordering, and serving of halalmeats.

(d) The Religious Meat Alternate Program shall be administered in accordance with theprovisions of this Article.

(1) A Chaplain designated by the RRC shall annually review each institution's processes for theprocurement, storage, and distribution of Religious Meat Alternate Program meals and shallprovide a report of the review to the Correctional Foad Manager.

(2) Upon review of the CDCR Form 3030, Religious Diet Program Request, any Chaplain or theRRC shall determine inmate entry into the Religious Meat Alternate Program.

New subsection 3454.3(d)(3) is adopted to read:

(3) Only the RRC may make. the determination to deny the ~CDCR Form 3030, Religious DietProgram Request.

New subsection 3054.3(d)(4) is adopted to read:

Final Adopted Text—NCR 16-08 10/24/2016 4

(4) The RRC shall determine inmate compliance violations.

Note: Authority cited: Sections 5058, Penal Code. Reference: Sections 383b, 3$3c, 5009 and5054 Penal Code. In Ne Garcia (2012) 202 Ca1.App.4th 892.

3054.4. Participation in a Religious Diet Program.

Subsection 3054.4(a) is amended to read.:

(a) Any inmate who claims to require a religious diet shall be responsible for completing aCDCR Form 3030, Religious Diet Program Request, and submitting it to any Chaplain. No morethan 30 calendar days shall pass from the day the Chaplain receives the completed CDCR Form3030, Religious Diet Program Request, which results in a determination of program eligibility, tothe day an accepted inmate begins receiving the religious meals requested.

Subsections 3054.4(b) through 3054.4(b)(5) are amended to read:

(b) The Chaplain or designated representative of the RRC shall:

(1) Interview the inmate requesting the religious diet. The GDCR Form 3030-E {04/16),Religious Diet Program Interview,. which is incorporated by reference, sha11 be utilized forinmates who seek participation in the Kosher Diet Program,: or the Religious Meat AlternateProgram.

(2) Determine the inmate's religious dieti eligibility and placement into the appropriate ReligiousDiet Program per sections 3054.1 through 3Q54.3.

(3) When Religious Diet Program eligibility is determined, explain the department's ReligiousDiet Program Agreement.

(4) When applicable, have the inmate sign the CDCR Form 3030-A (Rev. 04/16), Religious DietProgram Agreement, which is incorporated by reference, and the CDCR Farm 3030, ReligiousDiet Program Request. Document an inmate's refusal to sign any religious diet departmentalforms.

(5) Distribute the completed CDCR Form 3030, Religious Diet Program Request and thecompleted CDCR Form 3030-A, Religious Diet Program Agreement, within three working daysto the Community Resources Manager.

Subsection 3054.4(b)(6) is .amended to read:

(6) Notify the inmate of the decision in writing by providing a copy of their CDCR Form 3030,Religious Diet.Program Request.

Subsections 3054.4(b)(7) through 3054.4(b)(8) are amended to read:

Final Adopted Text —NCR 16-08 1.0/24/2016 5

(7) Enter pertinent information for each inmate approved to participate in a Religious DietProgram onto a religious diet participant list within 24 hours of approval. Maintain and updatethe list every 30 days, and provide the CFM with a copy of the list of those inmates who havebeen determined eligible to receive a religious diet, and which diet they wi11 receive.

(8) Regularly monitor the. religious diet lists with Food Service staff to ensure that all inmateReligious Diet Program participants are served their religious dietary meals with minimal delay.

Subsection 3054.4(b)(9) is deleted.

Existing Subsection 3054.4(b)(10) is renumbered 305~.4(b)(9).

(9) Provide each approved inmate with a CDCR Form 3Q30-B (Rev. 04/16), Religious Diet Card,which is incorporated by reference, Collect Religious Diet Cards that are no longer valid.

Existing Subsection 3054.4(b)(11) is renumbered 3054.4(b){10} and amended to read:

(10) Meet with inmates, giving them the. opportunity to respond to allegations) of Religious DietProgram Agreement compliance violations, prior to making a determination of continuingeligibility in accordance with section 3054.5.

New subsection 3054.4(c) is adopted to read:

(c) Inmate participants shall:

(1) Show their Religious Diet Card when receiving their approved religious diet.

(2} Follow. the conditions of the signed CDCR Form 3030-A, Religious Diet ProgramAgreement.

New subsection 3054.4(d) is adopted to read:

(d) An inmate who wishes to withdraw from the Religious Diet Program shall sign the CDCRForm 3030-D (Rev. 04/16}, Religious Diet Program Cancellation Request, which is incorporatedby reference. The inmate shall submit the completed CDCR Form 3030-D cancellation requestto the institution's Community Resources Manager.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 383b, 5009 and SOS4,Penal Code. In re Garcia (2012) 202 Ca1.App.4`~' 892.

3054.5. Monitoring far Religious Diet Program Inmate Compliance.

Section.3054.5 is amended to read:

Any alleged compliance violation of the Religious Diet Program Agreement shall be reported

Final Adopted Text —NCR l 6-08 10/24/2016 (,

using CDC Form 128-B, General Chrono, citing CCR, Title 15, section 3054. All reports shallbe sent to the designated representative of the RRC, who shall consult with the inmate. TheRRC sha11 make the final determination of continuing eligibility, and complete a CDCR Form3030-C (Rev. 04/16), Religious Diet Program Notice. of Non-Compliance, which is incorporatedby reference. As described on the CDCR Form 3030-C, a first violation of the Religious DietProgram Agreement shall result in a warning issued to the inmate, and a second violation withinsix months of the first violation may subject the inmate to removal from the program. A copy ofthe completed ~DCR Form 3030-C sha11 be provided to the inmate.

Note: Authority cited: Section .505$, Penal Code. Reference: Sections 5009 and 5054, PenalCode.

Final Adopted Text —NCR 16-08 10/24/2016 ~

s'rn rc o~~ c,at.~rotzn~inRELCGIOUS DIET REQUESTCDCR 3030 (RLV. 08!09)

~~ ~ D@PAR'fMI:N"f OF CORR6C'1'IONS AND RL-:FIA13ILi1'A'I'IQN

nisrR~t3uTioN:oRiciNnt. - c-rn.r-..COPY -INMATECOPY-CHAPLAIN

IN ATI; NAME:

CDC N .:

SIGNA7`UR

RELIGION:

1 FIAVE 13GrN

SINCE:

CING THIS RELIGION

FACILITY:

ETOUSING UNIT:

DATE OF fiGQtJEST:

RELIGCOUS GR(?UP (optional):

GROUP ADDRESS:

TEC~GPHONE NO:

The California Department of Ca •ections and Rehabilitation offers three r gious meal options:

• Option 1-Vegetarian meals (i hiding dairy products and eggs) aseci on ~•egular institution meals. Avegetarian protein substitute wil e provided when meat or p ultry is served. rish may be included.

• Option 2 —Jewish kosher meals. Thi rogram is for Je 'sh inmates who wish to follow the standardsof Judaism.

o Option 3 —Religious meat alternate. A relig~ us m at alternate will be provided at the dinner mealwhen meat or poultry is served.

What are the religious dietary laws to which you ust adher and the tenets of your• religion?

Can your religious dietary needs be me y not eating pork, andlor fol wing a vegetarian diet? if not, pleaseexplain why.

Attach dacermentatton to support your request (optional)

INMATrS DO NOT WRITE BELOW THIS LINE

DIET REQUEST:

If denied, give r• .~son(s):

Other Acti 1'alcen /Comments:

CHAP AIN'S SICNATURC;;

D Application Received:

APPROVED / DENICD

DAT[::

Date inmate Interviewed:

STATE OF CAUFQRNIA

RELIGIOUS DIET PROGRAM REQUESTCDCR 3030 {Rev. 04J36j

ADP-pEPARTMENT OF CORRECTIQNSAND REHABILITATION

PAGE 1 pi 1

PART I -INMATE RELIGIOUS DIET PROGRAM (Completed by lnrT~~afe)

Religious Meal Option Requested:.(Check ane)

❑ Vegetarian A vegetarian protein substituted when meat is served on the CDCR menu

❑ Kosher Akosher-certified diet for inmates who must adhere to kosher laws for religious/spiritual requirements❑ Religious Meat Alternate {RMA) Ahalal-certified meat substituted at the dinner meal when meat is served

INMATE NAME: (please print) CDCR#: INMATE SIGNATURE: DATE:

INSTITUTION: HOUSING: RELIGIOUSlSPIRITUAL AFFILIATION:

COMMENTS:

ATTACH DOCUMENTATION TO SUPPpRT YQUR REQUEST (Optional)

(Inmates Do Not Write Below This Line)

PART II - INM/#TF lNTERVI~VII (Coni~let~d by Chaplain orDesiynee)

CHAPLAIN OR DESIGNEE; (Please print} DATE QF INMATE INTERVIEW:

(Check when completed) N

(~ interview Questions {Kosher or RMA diets only)

❑ CDCR Form 3Q30-A (Reviewed and signed by inmate and Chaplain for all religious diets}

❑ Approved ❑Referred to Religious Review Committee (RRC} for Qetermination

COMMENTS:

GHAPLA{N OR DESIGNEE SIGNATURE: DATE:

PART !!I — RELlGlQ!!S REVlEV~l CQnlID!!lTTEE REFERF?~;~.'CornNleted by P,RG r,';~f~~rred by C"s:~;!ai;t o, Desiyncc~; —

❑ Review of interview questions and comments

❑ Review of inmate supporting documents (if supplied)

❑ Review of additional documentation supplied by staff (e. g., Quarterly Package, Canteen Draw, etc.)

Date reviewed by RRC: ❑Approved ❑Denied

COMMENTS:

RRC GHAIR OR DESIGNEE: (please print) RRC CHAIR OR RESIGNEE SIGNATURE: DATE:

DISTRIt3UTION: Original—GFile Copies -Inmate, RRC, CFM, CRM

S"I~AI'E OI' CALII'ORN1A ~ DELETERCLIGIOUS DIET PROGRAM AGR~EMGNTCDCR 3030-A (REV. 08109)

[ undergeneral

1. I

like to parucipare in the (check one):

❑ Jewish Kosl~cc Dier Program ❑ Vegetarisut Diet Pcogiain

DEYAKTMEN"I~ OP CC)RRF~;("IIONS AND ItEliAt311,I'( ~'I'ION

17IS1RIBU"PION:

corY - iNn~AT~:COPY -CtIAPLAIN

❑ Religious tiiear :AIternare Piogram

that in order for me co participate in a Religious Diet Program, foods and preparation practices that

anon meals must be used. 'I'hereFore, 1 agree to tl~e following conditions:

that I inay change my religious diet. no more than once each year.

used for

Z. I understand t t if I voluntarily request to withdraw from the Religious Diet Program, I mu do so in writing and

I must wait fora eriod of six months before requesting to be reinstated in the Religious D' t Program. If, after six

months, I apply to different Religious Diet Program than the one I previously participat d in, my request will have

to be approved by th Chaplain who oversees that Religious Diet Program.

3. During meals I will eat d possess on my food tray only those food items serve as a part of the Religious Diet

Program. I understand tha a report will be kept to verify I am picking up my re 'gious meals. Tf, for any reason, 1

am denied any meals under t Religious Diet Program, however, I shall be p muted to eat foods that are not part

of the Religious Diet Program d that shall not be deemed to be a violatio of this Agreement. I will not collect

religious food items {other than nteen items) in my cell and I will folio all CDCR policies and regulations for

dining in my institution.

4. I may not purchase or consume any foo items that are noc part of religious diet. I understand that my Canteenpurchases may be routinely monitored.

5. I will not "double-back" in order to obtain a s •ond meal, eith regular or religious.

G. I will consistently pick up my religious diet meal I tin rstand that a record will be kept indicating ~~hen I pick

up my religious meals.

7. I will not provide all, or portions of my religiousinmates who are not participating in the same Re~

8. I will restrict my diet to religious diet foods.

received through the Religious Diet Program to other

rt Program.

9. I understand that should I violate one oft ese provisions, I will re eive one (1} written warning, but will be allowedto .continue to participate in the Religi us Diet Program. I also u dersta~d that the Chaplain who oversees myReligious Diet Program shall determi whether I violated any of these rovisions.

10. I further understand that should I iolate any of these provisions a sewn ime within six (6) months from the dateof the first violation, I may here oved from the Religious Diet Program for eriod of six (() months from the dateof the second violation. I so understand that a Chaplain shall determi e whether I violated any of theseprovisions, I also understa that before a Chaplain can remove me from the R igious Diet i'rogram, I shall havethe right to confer with a aplain regarding the alleged violation(s).

13y my sigi~aturc below, I acl- o~uledge that T have read and discussed the coi~tenrs of ehis .Agreem ~t t~irh Dui Instirudon Chaplainthat oversees this Religion: Pict Program. 1 furtheL agree that if pernvtted ro ~aiticipa~e in the Relig us Dict Program I will abideby the conditions set for i in this agreement.

Inmate Name dint):

Inmate Si 1 Ind Date:

lnma~ CDC No.:

's Nz~ne {print):

Chaplain, Sign and Date:

STATE OF CAUfORNIA

RELIGIOUS DIET PROGRAM AGREEMENTCDCR 3030-A (Rev. 04/15)

~~~•.

Religious Diet Requested: (check one)

DEPARTMENT OF CORRECTIONS l~ND REHABILITATION

PAGE 1 OF 1

❑ VEGETARIAN DIET PROGRAM ❑KOSHER DIET PROGRAM ❑RELIGIOUS MEAT ALTERNATE DIET PROGRAM

i understand that in order for me to participate in a Religious Diet Program, specific foods. may bepurchased. and specialized food .preparation .practices may be utilized. Therefore I agree. to thefollowing conditions:

T. i understand that if I voluntarily request to withdraw from the Religious Diet Program, i must. do sain writing by completing a CDCR 3g30-D Religious Diet. Program Cancellation Request .Farm andthat I must wait for a minimum of one year before requesting to be reinstated in any religious diet.

2. During meals, I will consume and possess on my food tray only those food items served as part ofthe Religious Diet Program... If, for any reason, l am not provided my specified religious diet meal,1 shall be permitted to eat foods that are nat part of the Religious. Diet Program and it shall not bedeemed a violation of this Agreement. I will not store religious food items ,{other than. canteenitems) in my cell and 1 will follow all CDCR policies and regulations #or dining in my institution.

3. i .may not purchase or consume any food .items.#hat are .not part of my religious. diet. 1 understandthat my quarterly packages and canteen purchases may be routinely monitored.

4. I will not eat from the. general population diet which is, in conflict with my religious diet. 1 will not"double-back" in order to .obtain a second meal, either regular or religious.

5. I will consistently pick up my religious diet meals. I understand .that a retard may be keptindicating when I pick up my religious meals.

6. 1 will. not give away, trade, or sell any portion of my religious meals received through the. ReligiousDiet Program.

7. I understand that should l violate one of these provisions:.a. I will receive one (1} written warning, but will be allowed to continue to .participate in the

Religious Diet Program.b. 1 .further. understand that should 1 violate. any of these. provisions a second time

within. (6} months. from the date of the first violation, I may be removed from the Religious DietProgram. I further understand that I may reapply in a minimum of six (6) mon#hs from the dateof the second violation.

8. I also understand that the Religious Review Committee {RRC) shall determine whether 1 violatedany of these provisions, and the RRC may remove me from the Religious Piet Program if I amfound to be in violation.

By my signature below, I acknowledge that I have read and discussed the contents of this Agreementwith an Institution .Chaplain. I further agree thak if permitted to participate in .the. Religious DietProgram, I wiN abide by the conditions set forth in this agreement.

Inmate Name: (Please pr+nt) Inmate CDCR #:

Inmate Signature: Date:

Chaplain, RRC Chairperson, or Resignee: (Please print) Date:

Chaplain, RRC Chairperson, or Designee Signature:

Distribution: Original — C-File Copy -Inmate, RRC, CFM, CRM

i

iCa ' rn

ia Department of Corrections and Rehabilitation

- Ca

lifo

rnia

Department of Cor

rect

ions

and Reh

abil

itat

ion

California Department of Co

rrec

tion

s and Reh

abil

i io

n ~,

eligious Die

t Card

Religious Di

et Card

Reli

giou

s'Di

et Car

I

Na

i Name:

Name:

Iinsert

'

insert

insert

picture

i picture

picture

CDCR #:

! CDCR #:

DCR #:

Religious Di

et:

i Re

ligi

ous Diet:

Religi s Diet:

CDCR 3030-B (09

/05)

CDCR 3Q30-B {09105)

CR 3030-B (09

105)

California Department of Corrections and Reh

abil

itat

ion

~ Ca ' orni

a Department of Cor

rect

ions

and Rehabili

ion

Cali

forn

ia Department of Co

rrec

tion

s and Reh

abil

itat

ion

Religious Diet Card.

j Religious Di

et Car

Religious Di

et Card

I

Name:

i Na

Name:

insert

i insert

insert

picture

j picture

picture

CDCR #:

j DCR #:

CDCR #:

3

Reli

giou

s Di

et:

Religi s Die

t:

Religious Di

et:

CDCR 3030-B (09

105)

CR 3030-8 (09

105)

CDCR 3030-B {09/05)

California Department of Co

rrec

tion

s' and Reh

abil

i io

n Ca

lifo

rnia

Department of Co

rrec

tion

s and Reh

abil

itat

ion

Ca ' orni

a Department of Cor

rect

ions

and Reh

abil

itat

ion

Reli

giou

s Di

et Car

Religious Di

et Card

Reli

giou

s Di

et Card

iName:

i Name:

~ Na

insert

j insert

~ insert

1picture

( picture

~ picture

DCR #:

a CDCR #:

~ CDCR #:

i_..

......

_ .....

......

..._ .

:. i..

._.__.

._....

...__

_ -

_ ._.

._._..

......

......

...

Reli

gi s Diet:

~ Re

ligi

ous Diet:

Reli

giou

s Diet:

iCR 3030-B {09!05)

i CDCR 3030-5 (03

!05)

CDCR 3030-B {09

105)

Th' card is v

alid on

ly for

the

inmate named on the face.

This card i

s va

lid on

ly for the inmate named on the face.

j This card

is v

alid

on

ly for

the inmate named on the

f e.

The c d w

i11 be con

fisc

ated

if another inmate i

s found an

?he card

wilt be confiscated i

f another inmate is found i

n ~

The card

will be con

fisc

ated

if another inmate i

s f nd i

npossess

of thi

s card.

The card

is i

nval

id if alt

ered

in

possession pf thi

s card.

Tfie card

is i

nval

id if

altered in

possession of this card.

The card

is i

nval

id if

tered

inany way.

any way.

any way.

This card al

lows

Lh

user to receive a Religious Diet Meal:

This card al

lows

the user to receive a Rel

igio

us Die

i Mea{.

This card al

lows

the user Yo receive

elig

ious

Diet Meal.

Only those inmates wi

verified religious mandate wil! be

Ontythose inmates with a verified re

ligi

ous mandate wiU be

i Onty those inmates with a ver

i£ed

igious mandate will be

approved. Inmates who d

' oY strictly fo

llow

the

ir religious

approved. Inmates who do not str

ictl

y fo

llow

their religious

~ approved...inmates :who do not: " rictly fogow their religious

mandates as pre

sent

ed in th

pp

rova

l process may have

mandates as presented i

n tf

ie app

rova

l process may have

~ mandates as presented i

n t

appr

oval

process may have

thei

r cards revoked.

thei

r cards revoked.

~ their cards revoked.

Chap

lain

: Chaplain:

I Ch

apla

in:

Issu

ing

Institution:

Issu

ing In

stit

utio

n:

Is

ng Ins

titu

tion

:

This card

is v

alid onl

y fo

r th

e inmate named on the fac

e.

T ' card i

s va

lid on

ly for

the inmate named on the f e.

This "card i

s valid on

ly for the inmate named o

tt the

face.

The card

wit!

be iconfiscated

if another inmate is found i

n The c d w

ill be con

fisc

ated

if another inmate is f

din

~ The card

will be confiscated i

f another inmate i

s found i

npossession of tfiis car

d. The card

is i

nval

id i

f al

tere

d in

possess

of Yhis ca

rd.

The card i

s in

vali

d if

tered

in

possession of thi

s .card. The card

is i

nvalid if

altered in

any way.

any way.

~ any way.

jThis card al

lows

:th

e user to receive a Religious Dief Meal

This card al

lows

th

user to receive a

eligious Diet Meal

~ 7h

is card al

lows

the user to receive a Religious Diet Meal.

Only those inmates wit

h a verified religious mandate wiU be

Only those inmates wi a ver

ifie

d r

giou

s mandate wi{I be

i Onty those inmates with a ver

ifie

d re

ligi

ous mandate will be

approved..Inmates who do not strictly fo

llow

the

ir rel

igio

us

approved. inmates who

of

ictl

y follow the

ir rel

igio

us

~ approved. Inmates who do aot strictly folEow their religious


n the approval process may have


n t

Apro

vat process may have

j mandates as presented i

n the app

rova

l process may have

their cards revoked.

Yfieir cards revoked.


Chaplain:

Chap

lain

: Chaplain:

1Is

suin

g In

stit

utio

n:

Iss

~ g

Inst

itut

ion:

~

Issu

ing

Inst

itut

ion:

This card

is val

id onl

y for th

e inmate named on the f

This card

is v

alid

onl

y fo

r the inmate named on the face.

~ T ' .ca

rd i

s valid on

ly for

the

inmate named on the fac

e.

'

The card

will be con

fisc

ated

it another inmate is fo din

The card


f another inmate i

s found i

n ~

The

d w

ill be confiscated i

f another inmate is found in

possession of this ca

rd.

The card

is i

nval

id if

tered

in

possession of thi

s ca

rd.

The .card

is i

nval

id it altered in

I possessi

of thi

s ca

rd.

The .ca

rd i

s in

vali

d if

altered in

i,

any way.

any way.

I any way.

~

This card al

lows

ithe user to rec

eive

a

eligious Diet Meat.

This card allows the user to receive a Religious Diet Meal.

This card allows t

user to receive a Religious Diet Meal

Only those inmates with a verified f gious mandate wil

t be

Qnly those inmates wit

h a ver

ifie

d re

ligi

ous mandate wi11 be

I Onty those inmates w~ a ver

ifie

d re

ligi

ous mandate will be

I,

approved. Inmates who do not

~ct1y fo

llow

their rel

igio

us

apQroved. i

nrtt

ates

who do not strictly fo

llow

their religious

~ approved. Inmates who

of strictly follow their religious


n t ' approval process may have

mandates as pre

sent

ed i

n the app

rova

l process may .ha

ve

~ manda#es as presented i

n th ap

prov

al process may have

thei

r cards revoked.


! their cards revoked.

Chap

lain

: Ch

apla

in:

! Ch

apla

in:

i

Iss

~ g

Ins#itution:

Issu

ing In

stit

utio

n:

~ Is

suin

g In

stit

utio

n:

~'

i

~t!'

California Department of Corrections California Department of Corrections California Department of Correctionsand Rehabilitation and Rehabilitation and Rehabilitation

RELIGIOUS DIET CARD RELIGIOUS DIET CARD RELIGIOUS DIET CARD

Name: Name: Name:CDCR #: CDCR #: CDCR #:

❑ Vegetarian (Green) ❑Vegetarian (green} 0 Vegetarian t~reen~❑ Kosher ~aiue~ ❑Kosher (slue) ❑Kosher ~aiue)❑ RMA (Yeuow~ ❑ RMA (Ye~low} 0 RMA (Ye~~ow)

Attach Rttach AttachPicture Picture Picture

CDCR 3030-8 tRev. 04/16) CDCR 3030-B (Rev. 04/16} CpCR 3030-B {Rev. 04/16}

California Department of Corrections California Department of Corrections California Department of Correctionsand Rehabilitation and Rehabilitation and Rehabilitation

RE~,IGIOUS DIET CARD RELIGIOUS DIET CARD RELIGIOUS DIET CARD

Name: Namo: Name:CpCR #: CDCR #: CDCR #:

0 Vegetarian ~~reen> ❑Vegetarian (~reen> C1 Vegetarian ~~reen>(~ Kosher ~r3~ue~ C] Kosher (slue) D Kosher (B~ue)O RMA (Yellow) ❑ RMA (Yeuow} U RMA (Yellow)

Attach Attach AttachPicture Picture' Picture

CDCR 3030-8 (Rev. 04/16) CDCR 3030-8 (Rev. 04/16) CDCR 3030-B {Rev. 04116)

California Department of Corrections California Department ofi Garrections California Department of Correctionsand Rehabilitation and Rehabilitation and Rehabilitation

RELIGPOUS DIET CARD RELIGIOUS DIET CARD RELIGIOUS DfET CARD

Name: Name: Name:CDCR #: CDGR #: CDCR #:

O VB~etal'lan (Green) 0 Vegetarian (Green) ❑Vegetarian ~~reen>❑ Kosher ~e~ue) ❑Kosher (g~ue) ❑Kosher ~giue>❑ RMA (Yellow) ❑ RMA (Yellow) ❑ RMA (Yellow)

Attach Attach AttachPicture Picture Picture

CDCR 3030-8 (Rev. 04/16) CDCR 3030-B (Rev. 04116} CDGR 3030-8 (Rev. 04/16}

~~~•

This Religious

Diet

Card is

valid

only

#or the inmate

This Re

ligi

ous

Diet Card is

valid

only

for the

inmate

This Religious

Diet Card is

valid on

ly for the inmate

named on the face

allo

wing

him or her to

rece

ive the

named on the face ait

owin

g him or her to

rece

ive the

named on the face all

owin

g him or her to re

ceiv

e the

spec

ifie

d Re

ligi

ous.

Die

t Meal. The Religious Diet Card

specified Re

iigi

aus Di

et MeaC The Religious Diet Card

specified Re

ligi

ous Diet Meal. The Religious Diet Card

wii{ be confiscated i

f found in the possession of another



I W

p~~ be confiscated it found in th

e possession of another

inmate and is in

vali

d 9f altered in any way. Inmates must

inmate and is in

vali

d if

altered in any way. Inmates must

~ inmate and is

inv

alid

if

altered in

any way. Inmates

foll

ow the

Reli

giou

s Di

et Program Agreement as

follow the

Religious

Diet

Program Agreement as

must follow th

e. Rel

igio

us D

iet Program Agreement as

presented in th

e approval process or Yhe

ir card may be

pres

ente

d in

the approval process or their card may 6e

revoked.

revoked.

presented

in the approval process or their card may be

~ revoked.

Issuing in

stit

utio

n:

Issuing in

stit

utio

n:

~ Issuing institution:

ChaplainJDesignee signature

Ghap(ain/Designee signature

~ Chaplain/Designee signature

Date issued:

Date issued:

~ Date issued:

IVegetarian: Green

Kosher: Bl

ue

RMA: YeAow

Vegetarian: Green

Kosher: Blue

RMA: Yellow

i Vegetarian: Green

Kosher: S

lue

RMA: Ye/%w

CDCR 3030-8 (Rev. 04/16)

CDCR 3030-B {Re

v. 04116)

CDCR 3030-B (Rev. 041

16)

This Religious

Diet

Card is

valid

only

for Yn

e inmate

This Re

ligi

ous

Diet

Card is

valid

only

fo

r th

e inmate

This Religious

Diet

Card is

valid on

ly for the inmate

named ort the face all

owin

g him or her to

rece

ive the


owin

g him or her to

rec

eive

the


owin

g him or her to re

ceiv

e the

spec

ifie

d Re

ligi

ous

Diet

Meal. The Religious Diet Card

specified

Reli

giou

s Di

et Meal. The Religious Qie

t Card

specified Religious Diet Mea

l. The Religious Diet Card

wi11

be confiscated i


wii! be confiscated i


will be confiscated if found in tfie possession of another

inmate and is in

vali

d if


inmate and is in

vali

d if

altered in any way. inmates must

inmate and is

inv

alid

if

altered in

any way. Inmates

foll

ow the

Reli

giou

s Di


follow the

Reli

giou

s Di


~ must fol{ow the Rel

igio

us .Di


presented in th

e approval process or their card may be

pres

ente

d in

the approval process or their card may be

presented

in the approval process or the

ir card may be

revoked.

revoked.

revoked.

issuing in

stit

utio

n:

Issuing in

stit

utio

n:

Issuing institution:

Chaplain/Designee signature


ChaplaiNDesignee signature

Date issued:

Date issued:

~ Date issued:

Vegetarian: Green

Kosher: Bl

ae

RMA: Ye1

/ow

Vegetarian: Green

Kosher: 8/u

e RMA: Yellow

~ Vegetarian: Green

Kosher: Blue

RMA: Yellow

CDCR 3030-B (Rev. 04

/76)

CDCR 3030-5 (Rev. 04/'f 6)

I CDCR 3030-B (Rev. 041

16)

This Re

ligi

ous

Diet

Card is

valid

only

for the inmate

This Religious

Diet Card is

valid

only

#or the inmate

This R

eligious Diet Card is

valid on

ly for the inmate

named on the face al

lowi

ng hem or her to

rece

ive the


owin

g him or her to

rece

ive the


owin

g him or her to re

ceiv

e the

specified Re

ligi

ous Di

et Mea

l. The Religious Die

t Card

specified

Reli

giou

s Diet Meal. The Rel

igio

us Die

t Card

specified Religious Diet Mea

l. The Religious Diet Card

will

be con

fisc

ated

if found in the possession of another

will be con

fisc

ated

if found in the possession of another

wit! be confiscated if found in the possession of another

inmate and is in

vali

d if

attered in any way. Inmates must

inmate and is in

vali

d if


~ inmate and is

in

vali

d if

altered in

any way. Inmates

foll

ow the

Reli

giou

s Di


follow the

Religious

Diet Program Agreement as ;must #ollow the Rel

igio

us Diet Program Agreement as

pres

ente

d in

the

approval process or their car

d may be

pres

ente

d in

the approval process or their card maybe !presented in the approval process or their card may be

revoked.

revoked.

~ revoked.

Issuing in

stit

utio

n:

Issuing in

stit

utio

n:

Issuing institution:


ChaplainlDesignee signature

~ Chaplain/Designee signature

Date issued:

Date issued:

j Date issued:

Vegetarian: Green

Kosher: 8

1ue

RMA: Ye/

1ow

Vegetarian: Green

Kosher: Blue

RMA: Ye

llow

Vegetarian: Green

Kosher: &

Jue

RMA: Yel

/ow

CDCR 3030-B {Re

v. 04116]

CDCR 3Q30-8 {Re

v. 04196)

j CDCR 3034-B (Rev. 04/16}

DELETES'I'A'I~t: O!' CAI,II ORN1A

CLIGT011S DIET PROGRAM AGI2EEMCNT—TICE OF NON-CO1V(PLIANCC

CIS 3030-C (09!05)

INMATE MG:

CDCR NO.:

D[J'AR'1~ML:N"I' OF GORRI:C'IIONS AND RE:IiAt31L11~A1'1(~N

lliS1'RII3U'f10NORIGINAL-C-F1LG /COPY ~- INMA`I~GCOPY-Cl I~PLAIN

[ consulted the abovconfirmed that the inhislher Religious Diet

ned inmate rega~•ding his/her violation of the Religious Diet Progr Agreement. I also's alleged act is a violation of the Religious Diet Program Agreem t. The inmate violatedProgram Agreement in the following manner: (be specific)

"TF-I1S IS;YOUR I=1RS~1' NC?TIC1:. You ill be permitted to con 'sue to partici}~atc in the Religious Diet Program.WARNING! Review the terms of the Reli ious Diet Program greement (attached). If you violate any provisionof the Religious Diet Program Agreement o e again withi the next six (6) months, you may lose your right toparticipate in the Religious Diet Program fora eriod of s' (6) months.

T7-3IS IS YOUR SECOND NOTICE. A Chaplain determined that you have not complied with one or moreprovisions contained in your signed Religious Di -ogram Agreement for a second time within a six monthsperiod. Your religious diet meals will be termi ted f • a period of six (6) months from the date of this secondviolation. "Termination of the religious diet me~ s is effect' eon You will be allowed toreapply to participate in the religious diet pr ram six (6) m the from the date of the seco»d violation.

Chaplain's Name {pa~i»ted) Chapla~i Signature and Date

Institution:

STATE OF CALIFORNIA

RELIGIOUS DIET PROGRAMNOTICE 4F NON-COMPLIANCECDCR 3030-C (Rev. 04/16)

DEPARTMENT Of CORRECTIONS AND REHABILITATION

PAGE 1 OF 1

--RELIGIOUS DIET PROGRAM NOTICE OF NON-CON(PL.IANCE

INMATE NAME: CDCR #: pATE:

INSTITUTION: HOl1SING: RELIGIOUS/SPIRITUAL AFFI~.IATION:

CURRENT APPRC?VED RELIGIOUS DIET; ❑VEGETARIAN ❑KOSHER ❑ REL.IGIOUS MEAT ALTERNATE

1" NOTICE OF NON-COIUIPLIANCE i

The above-named inmate has been consulted regarding his/her initial violation of the Religious DietProgram Agreement as stated in CDC Form 128-B dated The inmate violated his/her12eligious pie# Program Agreement in the following manner: (Please be specific)

DATE: The inmate wi11 be permitted to continue participation in the Religious Diet Program.

WARNING: Review the terms of the Religious Diet Program Agreement (CDCR 3030-A). If any provision ofthe Religious Diet Program Agreement is violated again within the next six {6) months, the inmate may losehis/her. right to participate in the Religious Diet Program for a period of six (6) months.

COMMENTS;

RRC Chairperson or Designee: (Please print) RRC Chairperson or Designee: (Signature) Date:

- -- -----2"`' NC?TlCE OF NON-CO►ViPLIANCE

The above-named inmate has been consulted regarding his/her 2"d violation of the Religious Diet ProgramAgreement as stated in CDC Form 128-8 dated .The. inmate violated his/her ReligiousDiet Program Agreement in the following manner: (Please be specific)

The Religious Review. Committee (RRC} has determined that the above-named inmate - has not compliedwith one or mare provisions contained in the signed Religious Diet Program Agreement for a second timewithin a six month period. The religious diet meals shall be terminated effective immediately.

Termination of the religious diet meals will be effective on The above-named inmate mayreapply to participate in the Religious Diet Program six (6) months from the effective termination date.

COMMENTS:

RRC Chairperson or Designee: (Please print) RRC Chairperson or Designee: (Signature) Date:

Distribution: Original — GFile Copy -Inmate, RRC, CRM

- DELETES~I~A~I~Ii OF CALIFORNIA

RCL1CI011S DIET PROGRAM CANCELLATION REQUESTCDCR 3030-0 {RF,V. 08/09)

DI{PAR"I i\A(.N'f OP COKK[:C'I TUNS :1ND RF:I IA13I1.11:4110N

DISTRI[3U'1'ION:

COPT' -INMATE:COPY -- CI IAPI_AIN

1 am gi 'ng notice that I am withdrawing from the Religio~is Diet Program indicat below.

=Please cane my religious meals immediately. I understand that I must wait for a period a six months

before I ca» re ply to participate in the same Religious Diet Program.

Return this request nd your reli~ioias diet card to your Chaplain.

RLL[GIOUS DICT PR GRAM

Cancel my meals for the: Vegetarian diet ❑Jewish Kosher diet ❑ eligious meat alternate

❑ My religious diet card is

Inmate Name (printed) CDC No. Inmate Signature and Date

Date Received

Institution:

Chaplain Signature and Date

D~JPT -STATE OF CALIFORNIA DEPARTMENT QF CORRECTIONS AND REHA6ILITATION

RELIGIOUS DIET PROGRAM CANCELLATION REQUESTCPCR 3Q30-D (Rev. 04J16) vase 1 of i

PART I iNMA~TE RELIGIOUS DIET CANCELLATION REQUEST (Corn~~leted by lnrr~ate}

am giving notice that I am withdrawing from the Religious Diet Program indicated below. Pleasecancel my religious meals immediately. I understand that I must wait for a period oftwelve (12) months before I can reapply to participate in the Religious gist Program.

Cancel my meals for the:

❑ Vegetarian Diet

❑ Kosher Diet

❑ Religious Meat Alternate Diet

❑ My Religious Dist Card is attached.

INMATE NAME: (Please print) CDCR #:

INMATE SIGNATURE: DATE:

__T_ T-- --- __ _------ — ------ ___ —~-1PART 11 GOMIVIUNITY RESOURCES MANAGER (CRM) OR DESIGNEE (Corrtpleted by CRM/Designee)

DATE FORM RECEIVED: CRM/DESIGNEE NAME: (please prinf)

❑ This inmate has been removed from the Religious Diet Program.

CRM/DESIGNEE SIGNATURE: DATE:

INSTITUTION:

Distribution: Original — GFiie Copy -Inmate, RRC, CFM, CRM

STATE OF CRIIFORNiA ,~ ~ P ~ DEPARTMENT OF CORRECTIONS AND REHABILITATION

RELIGIOUS DIETPROGRAM INTERVIEWCDCR 3030-E {04/16) once 1 of 1

NUT FOR DISTRIBUTION TO INMATES - 70 BE COMPLETED BY A CHAPLAIN OR RRC DESIGNEE

PART I INIVIP,TE RELIGIOUS DIET REQUESTED

Religious .Meal Option Requested: (Check one)

❑ Kosher. Akosher-certified .diet for inmates who must adhere. to kosher laws for religious/spiritual requirements

❑ Religious Meat Alternate (RMA) Ahalal-certified meat substituted at the dinner meal when meat is served

INMATE NAME: CDCR #: DATE OF INMATE INTERVIEW:

INSTITU71t)N: INTERVIEWING CHAPLAIN DR RRC DESIGNEE: (P/ease print)

PART 11 INMATE INTERVIEW QUESTIONS ;

1. What is your religious spiritual affiliation, if any?

2. How long have you followed the teachings of this religious/spiritual group?

3. Describe any religiousispirituai activities in which you participate.

a. How long have you participated in these religious/spiritual activities?

5. Are you affiliated with areligious/spiritual organization in the community? If so, please list the organization and describe

your participation with it

6. Describe your religious/spiritual needs as they pertain to food.

7. What are the characteristics of the religious. diet you selected that meet your religiouslspiritual needs?

8. Could your religious/spiritual needs. be satisfied by the mainline diet, which is pork free, ar by the vegetarian diet? If not,

please explain.

9. Aside from maintaining a religious diet, please explain any related ways that you exercise your religion/spirituality.

10. Is there any additional information that you want CDCR to consider when assessing your request far a religious diet? If

so, please explain.

CHAPLAIN OR RRC .DESIGNEE SIGNATURE: DATE:

DISTRIBUTION: Original: RRC

FSOR – NCR 16-08, Religious Diets 12/27/2016 1

FINAL STATEMENT OF REASONS The Initial Statement of Reasons (ISOR) is incorporated by reference. UPDATES TO THE INITIAL STATEMENT OF REASONS

On July 22, 2016 the Notice of Proposed Regulatory Action for Religious Diets was published, which began the public comment period. The Department’s Notice of Change to Regulations #16-08 was also mailed the same day to individuals who had requested to be on the Department’s mailing list for regulation changes. In addition they were posted on the California Department of Corrections and Rehabilitation (CDCR) internet and intranet websites, and copies posted in CDCR institutions. The Department received 4 written comments which are included below under Summaries and Responses to the Written Public Comments Received During the Initial Comment Period. A public hearing was held on September 12, 2016 with one individual providing verbal comment. This comment and the response to it can be seen under the heading Public Hearing Comments. DETERMINATION The Department has determined that no alternative considered would be more effective in carrying out the purpose for which the regulation is proposed, would be as effective and less burdensome to affected private persons than the adopted regulation, or would be more cost effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. This determination was reached by a consensus of the Division of Adult Institutions. Except as set forth and discussed in the summary and responses to comments, no other alternatives have been proposed or otherwise brought to the Department’s attention that would alter the Department’s decision. LOCAL MANDATES This action imposes no mandates on local agencies or school districts, or a mandate which requires reimbursement of costs or savings pursuant to Government Code Sections 17500 - 17630. INCORPORATED BY REFERENCE CDCR Forms 3030, 3030-A, 3030-B, 3030-C, 3030-D, and 3030-E were made available to the public throughout the rulemaking, and were included in the notice of rulemaking sent to all parties who have requested notification. NOTE REGARDING CDCR FORMS IN THE CALIFORNIA CODE OF REGULATIONS (CCR) This note explains the Department’s justification for incorporating forms by reference rather than printing them in the CCR text itself. The CDCR uses over 1,500 forms, most of which are regulatory. It would be unduly cumbersome, expensive and impractical to print all these forms in the Title 15, therefore the CDCR has always incorporated forms by reference, except in specific circumstances which do not apply in the case of these regulations. SUMMARIES AND RESPONSES TO THE WRITTEN PUBLIC COMMENTS RECEIVED DURING THE INITIAL COMMENT PERIOD


Commenter #1 Comment 1A: Commenter states these regulations seem more fit and less complex for the processing and approvals for Religious Diets. Accommodation: None Response 1A: The Department agrees with the Commenter and is pleased the Commenter finds the proposed regulations to be helpful by making them more concise and on point. Commenter #2 Comment 2A: Commenter identifies himself as of the Muslim faith. Commenter feels the diet/food plan is bad. They get only 3 different food items, which are plain and unappetizing. The General Population gets protein sourced with noodles or rice, they (Muslim) get replacement source with no noodles or rice most times, or if they do, it is plain noodles/rice. Accommodation: None Response 2A: Although the above comment does regard some aspect or aspects of the subject proposed regulatory action and must be summarized pursuant to Government Code Section 11346.9(a)(3), the comment is either insufficiently related to the specific action, or too generalized or personalized to the extent that no meaningful response can be formulated by the Department in refutation of or accommodation to the comment. Comment 2B: Commenter feels there are many discrepancies with the diets. There is a big difference between Halal and RMA (Religious Meat Alternate), yet non-Muslims can get what he eats, but he has to convert to Judaism to get a kosher diet; which he feels the Muslim diet should be closer to the kosher diet than the vegetarian or RMA diet. He doesn’t get dates, yet they are part of his religious diet. Accommodation: None Response 2B: Section 3054.2(a) provides that kosher meals shall be available at designated institutions for inmates with a religious dietary need that cannot be met by another religious diet option or by the mainline diet. These regulations accommodate a sincerely held religious belief to consume a kosher diet; however the regulations do not require a religious conversion. The eligibility requirements for the kosher diet were amended to accommodate a religious need to consume kosher meals, similar to how the existing regulations for the Religious Meat Alternate diet were designed to accommodate a religious need to consume halal meats. See also, Response to Comment 2A. Comment 2C: Regarding religious holidays, he has only 2 in Islam (really 3, but 2 are combined after Ramadan), yet this year they only got just cake and coffee instead of a simple meal replacement of their regular dinner meal. Accommodation: None Response 2C: See Response to Comment 2A. Comment 2D: Commenter thinks the problem is that the institutions are allowed to make their own rules that may or may not be in compliance with DOM or Title 15. There is inconsistency from institution to


institution. Commenter provides examples of inconsistency, such as packages that are considered “quarterly packages” rather than “special/spiritual packages,” and celebratory meals which are inconsistent from institution to institution. Commenter states money should not be an issue for the celebration meals because they pay taxes on some canteen items, have food sales, and all money coming in to all institutions is subject to Inmate Welfare Funds. Commenter admits he doesn’t know all the dynamics, but everything should be transparent. Accommodation: None Response 2D: See Response to Comment 2A. Comment 2E: Commenter mentions religious space for celebrations, feast, prayer, etc., he thinks they are okay, but the Muslim religion is similar to Native Americans in some ways, they have an outdoor jumah called “Jumaht” where they gather and pray, they turn a blind eye due to space issues, but he’s seen it done on level III yards. In the end, he hopes there will be no losses for him or any of his religious brothers of any sect. Accommodation: None Response 2E: See Response to Comment 2A. Commenter #3 Comment 3A: Commenter feels the proposed regulation changes demonstrate ignorance and insensitivity of Jewish religious practice. The regulations perpetuate the ignorance of the purpose and effect of religious diet programs. They lack investigation and concern about the real seminal issue, inappropriate individuals hired as both Chaplains and CRMs. Accommodation: None Response 3A: The departmental Religious Diet Program provides inmates with religious diet accommodations, subject to applicable law. These amendments are in furtherance of that purpose and insure that inmates receive religious diets consistent with their sincerely held religious/spiritual beliefs. See also, Response to Comment 2A. Comment 3B: The Commenter feels the proposed regulation changes demonstrate a lack of input by anyone knowledgeable about kosher. They do not resolve the issues presented in Garcia or Hodges v. Sharon. Commenter feels the actual problem and cause of the judicial opinions is CDCR’s failure to hire and retain 1) a sufficient number, and 2) sufficiently qualified individuals to act as institutional Chaplains. The proposed changes remove the authority from the particular state employee (Chaplain) best qualified to determine whether or not a particular inmate should receive a religious meal (as required by stipulated judgment in Cooper) and delegate that authority to state employees least capable of determining appropriateness of the application, i.e. the Religious Review Committee (RRC). There is no assurance that the member of the RRC will have the necessary knowledge, competence, or background to adjudicate the issue, and RRC members will be asked to override the Chaplain’s decision. The approval and review structure make no sense. The proposed regulations fail to establish the qualification of any individual assigned the task of determining a “sincerely held belief.” The proposed regulations fail to establish a qualification standards for individuals employed as Chaplains and Community Resource Managers (CRM) or any members of the RRC, the consequence of which will be further litigation. Delegation to a secular individual ordained in a faith other than Judaism, are not qualified to determine “sincerely held


belief” requiring a kosher meal; same for those of Islam faith requiring a Halal meal. The Garcia decision arose because the Jewish Chaplain was so biased upon a particular orthodox view of Judaism that he should never have been employed or relied upon by CDCR, and the entire matter would have been resolved if CDCR had consulted even one other Jewish Chaplain, which would have clearly articulated the Jewish Chaplain’s prejudice and avoided the litigation in its entirety. If CDCR would hire qualified individuals to be Jewish Chaplains, these proposed regulations are completely unnecessary. Commenter provided a December 4, 2012 letter that he submitted to CDCR headquarters CRM, outlining his suggested qualification standards for hiring Chaplains. Commenter feels that if Chaplains fail and refuse to fulfill their duties as a Chaplain by not providing chaplaincy service and instead only providing religious activity for individuals in the faith in which they are ordained, a Skelly hearing to terminate the employee (Chaplain) is warranted. Hiring and retaining appropriately trained Chaplains is a far more effective long term cost effective solution. Accommodation: None Response 3B: The amended regulations, at subsection 3054.2(a) for the Kosher Diet Program and subsection 3054.3(a) for the Religious Meat Alternate Program, provide that a Chaplain may approve a CDCR Form 3030 Religious Diet Request or refer the request to the Religious Review Committee (RRC) for determination. These proposed changes do not remove the authority/decision from the initial reviewing Chaplain for approving a religious diet. Rather, these changes allow the Chaplain to refer the decision making authority to the RRC. The RRC is not asked to ‘override’ the decision of the Chaplain. Moreover, subject to section 3210, Chaplains are members of and participate in the decision making authority of the RRC. Subject to departmental policy, CDCR hires the most qualified applicants to fill chaplaincy positions. The commenter’s December 4, 2012 letter asks the State to consider modifying the minimum qualifications of Jewish Chaplains. However, the proposed regulations do not pertain to the qualifications of any Chaplains or the hiring practices of the Department. Comment 3C: Commenter contends the proposed regulations fail to include an objective, identifiable set of standards to assure uniform application at all institutions (by individuals qualified to make the determination) to determine whether or not denying a religious diet meal will modify an inmate’s behavior or violate their belief, in other words: who should, and who should not, be provided a kosher meal. Commenter states for both kosher and Halal meals such a standard is available and identifiable, but it is not included in the proposed regulations. The proposed regulations do not provide an objective measure of “sincerely held belief.” Further, the proposed regulations fail to address the mandate set forth in Rouser v. White which states “In determining whether a government action is lawful under RLUIPA the court must consider: 1) whether the plaintiff has shown that his exercise of religion is an issue, 2) whether the Plaintiff is asserting a “sincerely held belief,” 3) whether the State’s conduct substantially burdens the Plaintiff’s religious exercise, and 4) if so, was the action taken in furtherance of a compelling government interest and was narrowly tailored to that interest.” The Garcia opinion made it clear that each inmate who applies for a religious appropriate meal must meet the standards set forth in Rouser v. White. The proposed regulations fail to address application of the Rouser v. White standard and the appropriate qualifications for an institutional Chaplain to apply those standards. Accommodation: None Response 3C: The proposed regulations implement In re Garcia (2012) 202 Cal.App.4th 892, where the California Court of Appeal held that prisons must afford a kosher diet accommodation to inmates based on religious need. The standard set out in Garcia is consistent with a federal district court ruling in Rouser v. White (E.D. Cal 2009) 630 F.Supp.2d 1165, which pertained to religious property accommodations for Wicca inmates. Within the proposed regulations, CDCR gives criteria to assess


sincere religious need for an inmate who seeks a kosher or halal religious diet. The amended subsection 3054.4(b)(1) provides that the new CDCR Form 3030-E, Religious Diet Interview, shall be utilized for inmates who seek participation in the Kosher Diet Program or the Religious Meat Alternate Program. The CDCR Form 3030-E assists prison staff to determine if an inmate is eligible for a religious diet by asking questions relating to the inmate’s religious beliefs. In addition, CDCR trains prison staff about the approval process for inmate religious diet requests. Comment 3D: Commenter states the proposed regulations violate the Cooper stipulation and place CDCR in contempt of the stipulated court order. The Commenter feels the proposed regulations are an attempted end run around the stipulated judgment in Cooper, including but not limited to CDCR’s failure to 1) maintain proper food storage, food preparation, food service, and locations to consume kosher meals, 2) maintain food quality and quantity, and 3) maintain certified “U”, “K”, “CRC” or other universally recognized hechsher for the food purchased for the Kosher Diet Program. Further, Cooper stipulated that the program requires eligibility to be determined by an ordained Jewish Rabbi. Commenter states Cooper stipulates the only person qualified to approve or reject application for a kosher meal is a Jewish Rabbi. CDCR did not, in its brief to the court in Garcia, note to the court that the Ninth Circuit Court of Appeals had already ruled that non-Jewish inmates had no standing to enforce the settlement agreement (Cooper) because the kosher diet was intended to benefit only Jewish inmates (Pogue v. State of California). Pogue is not addressed in these proposed regulations. Accommodation: None Response 3D: The proposed regulations do not violate an existing federal district court Settlement Agreement for Cooper v. State of California, Case No. C02-3712 JSW, as suggested by the Commenter. The regulations do not pertain to issues in the Settlement Agreement concerning the quality, handling, and kosher certification of food. Moreover, the Cooper Settlement Agreement does not specify that an ordained Rabbi is the only qualified person to approve or reject an inmate application for kosher meals. In Pogue v. California (9th Cir. 2007) 223 Fed.Appx. 593, the Ninth Circuit Court of Appeals suggested in an unpublished opinion that the existing kosher diet based on the Cooper Settlement Agreement was intended to benefit Jewish inmates only. However, the Pogue case does not preclude CDCR from expanding eligibility for the kosher diet to include other inmates who have a religious need. Comment 3E: Commenter states the proposed regulations assure for most institutions, not a single kosher meal can be delivered to an inmate because the meals purchased are not Glatt kosher, do not bear the kosher certification required by the Cooper stipulated order and judgment, and in most institutions the kosher food storage, preparation areas, preparation procedures, and locations to consume kosher meals are not certified as kosher. The proposed regulations remove the requirement that a person approved by the Board of Rabbis examine the food storage, preparation, service, and location for consumption of kosher meals. It is the Rabbi at each prison that determines whether or not the local Kosher Food Program is in compliance with kosher, not any third person. A Chaplain that is not a certified Mashgiach cannot certify that the food, storage of the food, preparation of the food, and delivery of the food is kosher. At each institution without a Jewish Chaplin, none of the Passover meals are kosher, in violation of Cooper. CDCR is in violation of RLUIPA because inmate’s religious rights are not being accommodated. Accommodation: None Response 3E: The proposed regulation changes involve changing the name of the “Jewish Kosher Diet” to “Kosher Diet,” allowing for any Chaplain or the RRC to determine eligibility for a religious diet program, allowing for any denial of a religious diet request or inmate compliance violations to be reviewed by the RRC, establishing a new religious diet interview form, and revising existing religious diet


forms. The subject of the religious food content, certification, and locations to consume, are not part of the proposed regulatory changes. See also, Response to Comment 2A. Comment 3F: Commenter feels there will be an extraordinary capital investment required for food service, storage, preparation, and consumption facilities, for an expanded demand for kosher food. General population inmates believe kosher food to be superior just because it’s only allowed to a limited group, so demand will increase. Commenter provided cost estimates based on his anticipated assumptions that if only 5,000 new individuals seek kosher meals the food budget will increase $45,000 per day, plus increased cost for expanding prison kosher meal prep areas, plus labor to distribute, a conservative estimate of annual increased expense of $16,425,000 per year. Commenter states he based these numbers upon empirical and anecdotal evidence of prior numbers of requests that were denied. CDCR should budget for 10,000 kosher meals within one year of the proposed regulations being approved. Further, the proposed regulations do not provide additional compensated time for Chaplains to interview and process the religious diet program applications. Accommodation: None Response 3F: At this time, the Department cannot determine whether costs for religious meals will increase or decrease as it is not possible to predict how the proposed regulations will affect the demand for religious meals. The Department will consider increasing its budget for kosher or halal certified diets as necessary. Comment 3G: Commenter states the proposed regulations fail to provide minimum standards for the contents of meals to assure participants do not leave the religious diet program due to hunger. Specifically, the kosher meals are insufficient in quality and quantity, and are designed to deter inmates from participating in the religious diet program. Accommodation: None Response 3G: See Response to Comment 2A. Comment 3H: The proposed regulations fail to assure supervision by a person most competent to determine ‘compliance with religious requirements’ to determine whether the vendor of the religious diet program meals is religiously compliant. In addition, CDCR institutions do not have approved Rabbinical inspections for the choice storage, preparation, and consumption of kosher food. Accommodation: None Response 3H: CDCR utilizes a statewide contractor to supply certified glatt kosher meals for all institutions that maintain the Kosher Diet Program. Moreover, as set out in the amended subsection 3054.2(f), a Chaplain designated by the RRC shall annually review each institution’s processes for the procurement, storage, and distribution of Kosher Diet Program meals, and shall provide a report of the review to the Correctional Food Manager. These are adequate safeguards to ensure that the Kosher Diet Program meals are religiously compliant. Similar safeguards also exist in the proposed regulations for the Religious Meat Alternate Program. Comment 3I: Commenter states the CDCR form 3030-E creates more problems than it solves. It will not alter or assist in the implementation of the religious diet program, or review by the RRC. The form will become readily available (even though it is not to be distributed) to all inmates, along with answers to assure the inmate’s approval. Many inmates are illiterate or can’t articulate “sincerely held belief.” The


form 3030-E perpetuates the inequity of allowing the educated and articulate to participate and prevents the uneducated and inarticulate from participating in the religious diet program. Approving staff will fear being accused of “over-familiarity” for approving a religious diet request, or alternatively “prejudice” (which could result in discipline to the staff person) against the inmate for not approving the request. If an inmate appeals a denied religious diet request it will put them in a perceived position of danger by challenging the CDCR employee’s honesty in reporting. If the RRC overrules a Chaplain’s decision, the Chaplain’s authority will be decimated by the public redress. The RRC undermines the Chaplain’s authority with inmates. Accommodation: None Response 3I: The CDCR Form 3030-E, Religious Diet Interview, is designed to create a meaningful dialogue between prison staff and an inmate who requests the Kosher Diet Program or the Religious Meat Alternate Program. The Form 3030-E contains questions that are necessary for staff to determine whether an inmate has an actual religious need for the requested diet. The Form 3030-E is not distributed to inmates and inmates are not required to read the Form 3030-E. Instead, staff read the Form 3030-E questions to the inmate and record the inmate’s responses. Accordingly, the Form 3030-E does not prevent uneducated or inarticulate inmates from participating in religious diet programs. See also, Response to Comment 3C. Subject to the proposed regulations, a Chaplain does not deny a Kosher or Religious Meat Alternate diet to the inmate. The amended subsections 3054.2(a) and 3054.3(a) provide only that a Chaplain may approve a requested religious diet or refer the request to the RRC. By referring a religious diet request to the RRC, the Chaplain does not raise any issue about his or her honesty or subject his or her decision to being overridden. See also, Response to Comment 3B. Comment 3J: Commenter argues that the proposed regulations will have an impact on the creation of new or elimination of existing jobs and the expansion of businesses within California. CDCR’s Correctional Food Manager (CFM) changed the vendor for the Kosher Diet Program; the previous vendor was in California, now it is in Florida. As a consequence, when items are back ordered instead of shipped timely, the kosher food items are not served pursuant to CDCR’s own mandatory menu and for holidays for which specific food items are required. Inmates are often forced to eat the same meal day after day, and in the situation of a holiday are unable to eat any meal because of religious prohibitions, a violation of RLUIPA and Rouser. Because of the CFM’s decision to terminate the contract with the California vendor Elements Food Group, Inc. this is a significantly impact to that business. As a result of the change of vendor, there is a California business loss of gross sales in the approximate amount of $2,299,500 per year, which will increase based upon anecdotal information to an estimated $32,850,000 within one year of approval of these proposed regulations. This has a definite negative impact on California vendors which can provide kosher meals. Accommodation: None Response 3J: The statewide vendor of kosher meals for the Department remains in California. The Commenter incorrectly asserts that the location of the statewide vendor has changed to Florida and that there will be a resulting significant monetary loss to California businesses. The Department does not otherwise anticipate the proposed regulations will have an impact on the creation of new, or elimination of, existing jobs or businesses within California. See also Response to Comment 2A. Comment 3K: Commenter disagrees that the proposed regulations will promote fairness, equality, and neutrality regarding participation in a religious program. Commenter states it will create disputes between inmates and inmates and staff. CDCR has failed to consider the reaction of religiously devote inmates to inmates who are known not to be religious, participating in the special diets.


Accommodation: None Response 3K: The proposed regulations help to ensure that interested inmates receive religious diet accommodations subject to religious need. The Department does not believe that the proposed regulations will create disputes between inmates or between inmates and staff. See also Responses to Comments 3A and 3C. Comment 3L: Commenter feels the proposed regulations will not reduce litigation, but rather will increase it. As the number of kosher meals increase, there will be a corresponding increase in the number of complaints about the quality and quantity of the kosher meals. The proposed changes invite litigation to enforce the Cooper stipulated judgment in all of its aspects. Accommodation: None Response 3L: The Department disagrees with Commenter that the proposed regulations will result in an increase in inmate complaints and litigation. See also, Responses to Comments 2A and 3D. Comment 3M: The regulations fail to provide adequate funding for education of correctional officers concerning the religious diet program. For example, officers make comments in an effort at humor or ignorance, staff does not accommodate separation for kosher consumption during holidays, etc. violating RLUIPA. Accommodation: None Response 3M: The proposed regulations do not pertain to the education of correctional officers concerning religious diets or about kosher diet accommodations during holidays. See also, Responses to Comments 2A and 3C. Commenter #4 Comment 4A: Commenter requests that the new proposed language concerning religious diets remain in the standards established by Orthodoxy, and states that elimination of the “overseer” Rabbi position is concerning for abuses. Accommodation: None Response 4A: CDCR maintains a contract with a statewide vendor to provide glatt kosher meals to inmates who participate in the Kosher Diet Program. The proposed regulations do not affect the operation of the statewide contract. See also Responses to Comments 2A, 3B and 3H. Comment 4B: Commenter states without a Rabbi in place inmates are unable to have a kosher area for meals to be consumed at any dining facility, which are not equipped for Jews to eat in a kosher way. Facilities with Rabbis in accord, allow Jewish inmates to eat their meals in their cells. However this has not been set under policy, and Rabbis have left facilities. With no Rabbis at an institution, officials tend to discipline Jewish inmates in addressing of “separateness,” because of refusal by Jews to eat with General Population (GP) and/or in un-kosher areas of dining halls. There are inconsistent policies between institutions regarding Jews consuming of kosher meals. Some officers do not understand the difference between a Jew and GP, and apply equally the policy of “no food to be removed from dining hall,” which appears as a form of anti-Semetic actions. Other religions do not have separation standards.


This causes observant Jews to be on the cross-hairs for their religious tenents and religious observance. Addressing and setting a unified standard policy throughout CDCR is of urgent concern for Jews. Accommodation: None Response 4B: The proposed regulations do not pertain to kosher areas in institutional dining facilities or where kosher meals are consumed. See also, Response to Comment 2A. PUBLIC HEARING COMMENTS: Public hearing was held on September 12, 2016 at 10:00 am. One individual commented at the public hearing. Speaker #1 (Speaker #1 is the same as written Commenter #3) Speaker 1, Comment A: Commenter’s verbal comment mirrors his written Comment #3D, stating that the proposed regulations are a violation of Cooper, which only applies to a select group of people, and states that a Jewish Rabbi makes the decision of the quality and quantity of Kosher meals. Removing the Jewish Chaplain for approving is contrary to the Cooper settlement. Cooper specifies the ultimate authority is the Jewish Rabbi for whether or not items are kosher. Accommodation: None Response Speaker 1, Comment A: CDCR maintains a statewide contract with a vendor to provide glatt kosher meals to inmates who participate in the Kosher Diet Program. A Jewish Rabbi oversees the quality and preparation of the contract meals. The operation of the statewide contract is consistent with the Settlement Agreement in Cooper v. State. See also, Response to Comment 3D. Speaker 1, Comment B: Commenter’s verbal comment mirrors his written Comment #3E, stating that the standard of “Glatt” is not being met by the current vendor, none of the meals served are kosher. Kosher is not just the food, but how it’s prepared, how it’s served, and the area in which it is consumed, it can’t be near leavened bread. Commenter states he has personally observed kosher law violations in the prisons. There is no person approved by the Board of Rabbis to approve and inspect the storage of kosher meals. Inmates are eating the same food over and over again. The quality, quantity, and certification of kosher meals should be done by Jewish Chaplains who know what it is to be kosher. Accommodation: None Response Speaker 1, Comment B: See Responses to written Comments 2A, 3E, 3H, 4A, and Speaker 1, Comment A. Speaker 1, Comment C: Commenter’s verbal comment mirrors his written Comment #3B, stating that the real issue is the abject failure of the Department to hire qualified Chaplains. The Chaplaincy is being abused throughout the institutions by individuals who only operate in the faith they’re ordained. One solution that should be adopted is that for those prisons that don’t have a Rabbi, the State should hire a Mashgiach approved by the Board of Rabbis. A significant issue is the RRC, which is a catastrophic failure. Commenter states the proposed regulations miss the point entirely, the problem is not “denying” the problem is the person making that determination is often not qualified- has no theological background, or is so limited in their view of thinking they can’t be objective.


Accommodation: None Response Speaker 1, Comment C: See Responses to Comments 2A, 3B and 3C. Speaker 1, Comment D: Commenter’s verbal comment mirrors his written Comment #3M, stating that food service staff need to be trained about what kosher meals are. It isn’t just opening a box, microwaving it, and handing it over. Most are angry that Jewish inmates get special meals. Accommodation: None Response Speaker 1, Comment D: See Responses to Comments 2A, 3C, and 3M. Speaker 1, Comment E: Regarding Halal meals, everyday Commenter sees letters to the editor in the Al Jazeera newspaper complaining how Muslim inmates are treated in U.S. prisons. The biggest complaint is that the Halal meals are unpalatable, but inmates are compelled to eat them for their religious beliefs. Accommodation: None Response Speaker 1, Comment E: See Response to Comment 2A. Speaker 1, Comment F: Commenter’s verbal comment mirrors his written Comment #3C, stating there is no objective standard for determining “sincerely held belief,” and when a Chaplain turns down a request, the RRC will have no choice but to accept the request. Accommodation: None Response Speaker 1, Comment F: See Response to Comment 3C. Speaker 1, Comment G: Commenter’s verbal comment mirrors his written Comment #3F, stating it will be an expensive cost for food preparation and processing. Current food service areas have no capacity to prepare kosher meals. The proposed regulations, although well-meaning in order to meet the requirements of Garcia, the number of kosher meals will increase, and it is going to be impossible. Accommodation: None Response Speaker 1, Comment G: Subject to the statewide contract for inmate kosher meals, the kosher meals are prepared by the contractor and are not prepared at institutions. See also, Responses to Comments 2A and 3F. Speaker 1, Comment H: Commenter’s verbal comment partially mirrors his written Comment #3I. Commenter states “face” is the most important asset one (Chaplains) has in the prison, the proposed regulations potentially undermines the credibility of a Chaplain if they don’t support a diet request. Accommodation: None Response Speaker 1, Comment H: See Responses to Comments 3B, 3C, and 3I.


Speaker 1, Comment I: Kosher meals should be for religious aspect only, if we expand upon that the consequence is horrific, the State will be paying a great deal of money for nothing other than the fact that inmates have played the system. Accommodation: None Response Speaker 1, Comment I: See Responses to Comments 2A, 2B, 3A, 3C, 3D and 3F.

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